- Ministry of Education’s director of education Gichuhi Ndegwa said it is also important to note that children sometimes find themselves out of school for no fault of their own.
- They, he said, could be victims of exploitation, abuse or neglect.
Image: MELINDA KIRWA
Stakeholders have called for access to education and justice for all children.
This includes those who are currently or were formerly in conflict with the law as well as those at risk of conflicting with the law.
They also called for access to education for vulnerable children who stay out of school because they failed to get enrolled or retained due to numerous factors.
This includes, but is not limited to, child labour, drug and substance abuse, early marriages, insecurity and natural disasters such as the recently witnessed floods that largely affected the country.
Other factors include dysfunctional families, over-exposure to community violence as well as childhood trauma.
Ministry of Education’s director of education Gichuhi Ndegwa said it is also important to note that children sometimes find themselves out of school for no fault of their own.
They, he said, could be victims of exploitation, abuse or neglect.
“Consequences of lack of education are dire and on the contrary, the benefits are also immense,” Ndegwa said.
“The ministry is reforming the education system to ensure that children receive quality education and remain in schools.”
Ndegwa was speaking during the day of the African Child celebrations hosted by Wakilisha Initiative in Nairobi.
Every June 16, the Day of the African Child is commemorated across Africa in memory of the students in Soweto, South Africa, who in 1976 protested against the poor quality of education they received.
It commemorates the brave action they took in defence of their right to quality education.
The National celebrations will be held in Mwatate Secondary School in Taita Taveta this coming weekend.
This year’s theme set by The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) is ‘Education for all Children in Africa: The time is now.’
Wakilisha Initiative celebrated the day under the theme; Bridging the gap in access to justice and education for children.
According to the African Charter on the Rights and Welfare of the Child under Article 11(1) Every child shall have the right to an education.
This codification of the right in law has been adopted in local legislation as well to support its realization.
In Kenya, the right to education is enshrined in Article 53 (1) (b) of the Constitution of Kenya 2010 and similarly Article 55 (a).
In a statement, Wakilisha Initiative noted that the inescapable truth is that children who lack education opportunities are more likely to get caught up in the web of crime as an inevitable consequence of the lack of opportunities for future work, poverty and desolation.
“Further, Schools often turn children in conflict with the law (CICL) away due to the negative perception that they are simply troublesome,” the statement read.
“However, many are victims of exploitation, abuse and neglect. Protecting their right to education offers them the chance to rebuild their lives, escape poverty and reduce recidivism.”
Ndegwa who spoke on behalf of the State Department of Basic Education PS Belio Kipsang noted the right to basic education is for all children without any form of discrimination.
He said the Ministry of Education’s strategies focus as alluded to in the recently launched National Education Sector Strategic Plan 2023-2027 includes, access and participation, equity and inclusivity, quality and relevance, governance and accountability as well as cross-cutting and pertinent issues.
“The Ministry is making a deliberate effort to ensure that all children of school-going age are in school,” Ndegwa added.
“This includes the policy of 100 per cent transition from primary to secondary school which has led to increased enrolment. Measures to improve retention have also been taken, key among them being the provision of free primary and free day secondary education.”
Ndegwa also said reforms by the ministry are at advanced stages following the report of the presidential working party on educational reforms, the subsequent drafting of a sessional paper and a review of 13 relevant acts of parliament.
“Once these drafts views that are in the sessional paper are submitted, discussed and approved by parliament, they will be entrenched in law and then the reforms will be rolled out successfully.”
National Council for Children’s Services children officer Effie Molly noted that children who are in conflict with the law should gain access to equal basic education as their peers when they are taken to remand homes.
She said they should also get help in nurturing their life skills so that by the time they leave the remand homes, they would have acquired basic education and other necessary life skills that put them on par with their peers.
“Children in conflict with the law usually take two weeks to six months in the remand homes so this doesn’t mean that the fact that they are in remand homes, they shouldn’t gain access to basic education or be discriminated against,” Molly said.
“We all know that when children are empowered, the society is also empowered and according to the Children ACT 2022, section 13, all children should have access to free and compulsory basic education. It is up to us as the larger community to ensure that children who are in conflict with the law get access to justice and equitable basic education.”
Speaking on behalf of CSOs, ChildFund’s child protection and advocacy manager David Mariba called on the government to ensure there is equitable distribution of resources across the education system while involving all the right stakeholders.
He also called for the adoption of quality education coupled with proper infrastructure and learning resources as well as access to proper nutrition, clean water and sanitation for vulnerable children.
“Government should also adopt modern technology to enhance education and parents should enhance their digital skills while at home to be able to help their children navigate the online space,” he added.
He also called on the government to adopt the safety by design measure where tech institutions develop platforms that are child-friendly to ensure safer use of the internet by children.
“We also should not forget children who are in conflict with the law. When they are in the process of accessing justice, it should be done in a child-friendly manner that does not traumatise them and they should also be given access to quality basic education,” he said.